in the Interest of P.A. ( 2010 )

MEMORANDUM OPINION
No. 04-09-00739-CV
IN THE INTEREST OF P.A., et al., Minor Children
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-PA-01155
Honorable Charles E. Montemayor, 1 Associate Judge Presiding
Opinion by: Phylis J. Speedlin, Justice
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 20, 2010
AFFIRMED
Appellant Peter Joe Rios seeks to appeal the trial court’s judgment terminating his
parental rights, and its order finding his appellate points frivolous. See TEX. FAM. CODE ANN.
§ 263.405(d)(3), (g) (West 2008). Appellant’s court-appointed appellate attorney has filed a
brief representing that he has conducted a professional evaluation of the record and determined
the appellate points are without merit. Counsel concludes the appeal is frivolous. The brief
meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-
00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, order) (applying
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The Honorable Charles E. Montemayor, Associate Judge, Bexar County, Texas, signed the order of termination;
the Honorable Richard Garcia, Associate Judge, Bexar County, Texas, signed the order denying Rios’s motion for
new trial and finding his appellate points to be frivolous.
04-09-00739-CV
Anders procedure to appeals from orders terminating parental rights), disp. on merits, 2003 WL
22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.). In compliance with the procedure
in Anders, counsel delivered a copy of counsel’s brief to appellant, and informed appellant of his
right to file his own brief. See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex. App.—San Antonio
1997, no pet.). Appellant filed a brief in which he contests the grounds for termination.
After reviewing the appellate record, counsel’s brief, and appellant’s pro se brief, we
agree that the appellate points do not present a substantial question for appellate review, and are
therefore frivolous. See TEX. CIV. PRAC. & REM. CODE ANN. § 13.003(b) (West 2002); see also
TEX. FAM. CODE ANN. § 263.405(d)(3) (incorporating section 13.003(b) by reference).
Accordingly, we affirm the trial court’s judgment, and grant appellate counsel’s motion to
withdraw. Nichols, 954 S.W.2d at 85–86.
Phylis J. Speedlin, Justice
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